1. Welcome to Vantari VR
Vantari Pty Ltd ACN 623 522 958 (we, us, our) operates VantariVR.com and all of its subdomains (the Site), various third party social media and messaging sites, channels, pages, groups and forums, and the proprietary Vantari VR computer software (our Software) (all of which are collectively referred to as our Services).
2. Acceptance and Variation of Terms
Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an ‘accept’ button (or any button or check box having similar wording or meaning), creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.
3. Acceptable Use
You agree that you are only authorised to use our Services for your own personal use and for the following activities:
(a) accessing and using our Services; and
(b) any other purpose which we make known to you.
You must not use our Services for any illegal purpose, including but not limited to carrying out acts of terror, or any act which causes, or may be likely to cause, physical harm to any person.
Your access and use of our Services is subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.
4. No Medical Advice
All text, images, audio recordings, video recordings, interfaces, procedures, guides, hints, tips, tutorials, and other information and content (Content) hosted or made available on or through our Services is provided for general information or educational purposes only.
No Content hosted or made available on or through our Services is intended to constitute medical or health advice.
All statements, representations, estimations, projections, or forecasts made in or through our Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.
Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content.
Unless otherwise expressly stated by us, we, and any other person using our Services (whether as a user, administrator, moderator, or other user type), are not:
(a) medical practitioners, health practitioners, or healthcare service providers;
(b) medical equipment or device engineers or manufacturers;
(c) professional or qualified advisors (such as lawyers);
(d) software developers, engineers, coders, or technical experts.
Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:
(a) undertake your own investigations and enquiries; and
(b) seek independent medical, health, legal, financial, business, technical and other professional advice from appropriately qualified professional advisors.
5. No Minors
Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.
6. Software
6.1. Installation, Access and Use of our Software
Your download, installation, access and use of our Software is subject to these Terms and the terms of our end user licence agreement, a copy of which is bundled with our Software and must be accepted by you as a condition of installation.
If there is any inconsistency between these Terms and the terms of our end user licence agreement, the provisions of these Terms will prevail to the extent of the inconsistency.
6.2. No Warranty
Subject to law, we make no representations and give no warranties or guarantees to you that our Software is suitable for any particular use or purpose.
6.3. Login May Be Required
To access and use of our Software, we may require you to have an Internet connection and log in using the user credentials of an account which you create with us.
7. Hardware
While we endeavour to ensure that our Software is compatible with the widest range of computer hardware and peripherals, we do not warrant or guarantee that our Software will be bug free, or perform as expected, on all such hardware or peripherals.
In order for you to achieve the best user experience, we may suggest minimum hardware specifications for the operation of our Software.
If we agree to supply any computer hardware or peripherals to you, you agree as follows, unless otherwise specified by us:
(a) we do so as agent for you, and not as a reseller, for your convenience only;
(b) you must use and maintain such hardware or peripherals in accordance with the relevant manufacturers’ specifications and requirements; and
(c) in the case of any faulty or defective hardware or peripherals, you agree to contact the relevant manufacturers or retailers (as applicable) in relation to any warranty claims, complaints, or other enquiries.
8. Account Creation
8.1. Account Creation
In order to access and use our Services, you must:
(a) create an account on our Site (unless we create one for you); and
(b) provide us with a valid email address; and
(c) subject to any subscription free period offered by us from time to time at our discretion, enter into one of our paid subscription plans.
8.2. Acknowledgements
When creating an account, you acknowledge and agree that:
(a) you will not provide any false personal information and will keep your personal information accurate and up-to-date;
(b) unless otherwise agreed by us:
(i) you will only create or maintain one account;
(ii) you will not allow anyone else to access your account;
(c) you will not create a new account if your account is disabled;
(d) if you create an account using your user credentials from a third-party site (such as Google or Facebook), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;
(e) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and
(f) we have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.
8.3. Super Accounts
We may, in consultation with you, create, or allow you to create, accounts with special privileges for your organisation (Super Accounts), such as the ability to access the information or data relating to the accounts of other users in your organisation.
You acknowledge and agree that:
(a) Super Accounts, due to their special privileges, represent a greater security risk to you and your organisation;
(b) we recommend that special measures be taken to secure access to Super Accounts, such as the use of additional digital or physical security measures;
(c) we are not liable or responsible for any loss of any kind (including loss of data) resulting from any unauthorised access to any Super Account.
9. Subscription Plans
9.1. Subscription Fees
All subscription fees are, unless otherwise expressly stated by us:
(a) payable monthly or annually in advance as specified by us;
(b) payable in Australian Dollars ($AUD); and
(c) inclusive of goods and services tax (GST) and other value-added tax (VAT).
All payments are handled by our third party payment processer and are subject to such their terms and conditions. We accept no responsibility or liability in relation to payments processed by our third party payment processer. Any issues which you experience in making payments to us should be raised with the payment processer directly.
9.2. Failure to Pay Subscription Fees
If you fail to pay any subscription fees owing to us within one (1) month of the relevant due date, we reserve the right to suspend your account and suspend your access to our Services.
9.3. Variation of Subscription Plans
We may offer certain features only to users on certain subscription plan types. However, you acknowledge and agree that we may, at any time in our discretion, without notice to you:
(a) add, remove, or vary the nature or terms of, the features associated with your subscription plan; and
(b) make such changes available to you, or only available to new users.
9.4. Cancellation of Subscription and Deletion of Account
You may cancel your subscription plan and delete your account at any time either by using the cancellation facility on our Site (if any), or by contacting us by email at info@vantarivr.com.
We reserve the right to terminate your subscription at any time and for any reason, including but not limited to:
(c) if you breach these Terms, or we suspect that you have breached them; and
(d) if you engage in any illegal conduct or behaviour.
10. Refunds and Chargebacks
To the greatest extent permitted by law, subject to anything in these Terms to the contrary, all fees and other monies payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.
We may, in our discretion, offer partial or full refunds where we consider appropriate to do so.
If you initiate a chargeback on your credit or debit card, or take any similar action, you must pay us a chargeback fee of AUD $30.00 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.
11. Promotions and Discounts
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.
12. Security
You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.
13. No Interference
You agree that you will not:
(a) use our Services in any way that could damage our reputation or goodwill;
(b) permit any person to access and use our Services other than in accordance with these Terms;
(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
(ii) decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
(e) when accessing and using our Services:
(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;
(ii) use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
(iv) transmit, or input into our Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;
(vii) use any automated processes or means to access our Services;
(viii) use any software or manual repetition that will or is likely to interfere with our Services; or
(ix) attempt to cause stress or detriment to the proper working of our Services, such as by:
(A) acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
(B) reloading or refreshing transaction pages more than once every 5 seconds; or
(C) requesting any page or section of the Site more than 1000 times in aggregate in any 24-hour period.
14. Availability
We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including where:
(a) there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;
(b) it is reasonably required to reduce or prevent fraud or interference with our Services;
(c) we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
(d) we are otherwise prevented from making our Services available by circumstances outside our reasonable control.
You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party service providers) and other factors which may impact upon the delivery of our Services to you via the Internet.
While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.
We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.
We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an ‘alpha’ or ‘beta’ basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of our Services are released on such an ‘alpha’ or ‘beta’ basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an ‘alpha’ or ‘beta’ basis.
15. Copyright
Except as expressly stated by us, all the information and Content contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).
You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.
16. Intellectual Property
You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (including content produced or provided by users, administrators, moderators, or other persons), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
17. Privacy
These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.
If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and
(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.
18. Third Party Sites and Content
Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for Content contained in, or accessible through, any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
19. Continued Development
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
20. Off-Site Conduct
It is a direct violation of these Terms for you to engage in an activity using information obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.
21. Consequences for Violation
If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:
(a) take any legal action we may have available against you;
(b) block your use of our Services;
(c) terminate your subscription to any of our Services;
(d) suspend, deactivate, or delete your account on our Services; and/or
(e) disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
22. DISCLAIMER
OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING OUR SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:
(a) WE MAKE NO REPRESENTATIONS, AND WE DO NOT PROVIDE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SUCH PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND
(b) ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.
ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.
WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.
23. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
(a) YOU ACCESS AND USE OUR SERVICES AT YOUR OWN RISK AND EXPENSE; AND
(b) YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
(a) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
(b) YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
(c) THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
(d) YOUR, OR ANY OTHER PERSON’S, RELIANCE ON ANY CONTENT HOSTED OR MADE AVAILABLE ON OR THROUGH OUR SERVICES, INCLUDING THIRD PARTY CONTENT;
(e) YOUR, OR ANY OTHER PERSON’S, FAILURE TO SEEK APPROPRIATE INDEPENDENT ADVICE, INCLUDING BUT NOT LIMITED TO, MEDICAL, HEALTH, LEGAL, FINANCIAL, BUSINESS OR TECHNICAL ADVICE;
(f) OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
(g) THE INABILITY OF ANY PERSON TO ACCESS OR USE OUR SERVICES DUE TO HARDWARE OR DEVICE INCOMPATIBILITY, LACK OF TELECOMMUNICATIONS CONNECTIVITY, OR ANY OTHER TECHNICAL ISSUE OR MALFUNCTION;
(h) THE FAILURE OR MALFUNCTION OF ANY COMPUTER HARDWARE OR PERIPHERALS SUPPLIED BY US;
(i) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS; AND
(j) OUR BREACH OF THESE TERMS.
Notwithstanding the above, with respect to any agreement applicable to the Commonwealth of Australia, you acknowledge that our liability under any statutory right or any condition or warranty implied by the Australian Consumer Law and which cannot be excluded is to the extent permitted by law limited at our option to:
(a) in the case of any goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of any services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
2. INDEMNITY AND RELEASE
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL:
(a) AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST; AND
(b) RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR,
ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
(k) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
(c) YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
(d) THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
(e) YOUR, OR ANY OTHER PERSON’S, RELIANCE ON ANY CONTENT HOSTED OR MADE AVAILABLE ON OR THROUGH OUR SERVICES, INCLUDING THIRD PARTY CONTENT;
(f) YOUR, OR ANY OTHER PERSON’S, FAILURE TO SEEK APPROPRIATE INDEPENDENT ADVICE, INCLUDING BUT NOT LIMITED TO, MEDICAL, HEALTH, LEGAL, FINANCIAL, BUSINESS OR TECHNICAL ADVICE;
(g) OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
(h) THE INABILITY OF ANY PERSON TO ACCESS OR USE OUR SERVICES DUE TO HARDWARE OR DEVICE INCOMPATIBILITY, LACK OF TELECOMMUNICATIONS CONNECTIVITY, OR ANY OTHER TECHNICAL ISSUE OR MALFUNCTION;
(i) THE FAILURE OR MALFUNCTION OF ANY COMPUTER HARDWARE OR PERIPHERALS SUPPLIED BY US;
(j) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS; AND
(a) YOUR BREACH OF THESE TERMS.
3. Reporting
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing info@vantarivr.com. So that we can efficiently deal with your report, please ensure that your report:
(a) states the reason for your concern/s; and
(b) clearly identifies the content by providing:
(i) a description of it; and
(ii) a link to the specific page, post or content (if applicable).
4. Confidentiality
You agree to keep confidential all Content hosted or made available on or through our Services (including content generated by other users).
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at info@vantarivr.com.
5. Notices and Notifications
We may send or issue notices to you from time to time:
(a) through the user interface on our Services;
(b) by email; and/or
(c) using any other means of contact, where your contact information is held by us.
You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
6. General
23.2. Disputes
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
(a) notify us of the dispute by emailing us at info@vantarivr.com;
(b) provide us with full and complete details of the dispute;
(c) providing such supporting information or documents as we reasonably request; and
(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
23.3. Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
23.4. Jurisdiction
This Agreement is governed by the laws of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
23.5. Severability
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
23.6. Waiver
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
7. Rules of Interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) words of any gender include all genders;
(c) alternate grammatical forms of a defined term have a corresponding meaning;
(d) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
(e) a reference to a document includes the document as novated, varied, or substituted from time to time;
(f) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
(g) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
(h) a reference to two or more persons is to any of them together and each of them individually;
(i) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
(j) ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
(l) a reference to $, AUD$, dollar or $ is to Australian currency; and
(m) headings and table of contents are for ease of reference only and do not affect interpretation.